IC 26-1-2 – Sales | Midpage

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Indiana Code

Chapter 2

IC 26-1-2

Sales

101Short title 102Scope; transactions in goods; hybrid transactions; transactions creating security interest excluded; statutes regulating sales to certain buyers not impaired or repealed 103Definitions and index of definitions 104"Merchant"; "between merchants"; "financing agency"105Transferability; "goods"; "future" goods; "lot"; "commercial unit"106"Contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation"; "hybrid transaction"107Goods to be severed from realty; recording 201Formal requirements; statute of frauds 202Record intended as final expression of parties' agreement; parol or extrinsic evidence 203Seals inoperative 204Formation in general 205Firm offers 206Offer and acceptance in formation of contract 207Additional terms in acceptance or confirmation 208Repealed 209Modification, rescission, and waiver 210Delegation of performance; assignment of rights 301General obligations of parties 302Unconscionable contract or clause 303Allocation or division of risks 304Price payable in money, goods, realty, or otherwise 305Open price term 306Output, requirements, and exclusive dealings 307Delivery in single lot or several lots 308Absence of specified place for delivery 309Absence of specific time provisions; notice of termination 310Open time for payment or running of credit; authority to ship under reservation 311Options and cooperation respecting performance 312Warranty of title and against infringement; buyer's obligation against infringement 313Express warranties by affirmation, promise, description, and sample 314Implied warranty; merchantability; usage of trade 315Implied warranty; fitness for particular purpose 316Exclusion or modification of warranties 317Cumulation and conflict of warranties express or implied 318Third party beneficiaries of warranties express or implied 319F.O.B. and F.A.S. terms 320C.I.F. and C.&F. terms 321C.I.F. or C.&F.; "net landed weights"; payment on arrival; warranty of condition on arrival 322Delivery "ex-ship"323Form of bill of lading required in overseas shipment; "overseas"324"No arrival, no sale"325"Letter of credit"; "confirmed credit"326Sale on approval and sale or return 327Special incidents of sale on approval and sale or return 328Sale by auction 401Passing of title; reservation of security; limited application of this section 402Rights of seller's creditors against sold goods 403Power to transfer; good faith purchase of goods; "entrusting"501Insurable interest in goods; manner of identification of goods 502Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency 503Manner of seller's tender of delivery 504Shipment by seller 505Seller's shipment under reservation 506Rights of financing agency 507Effect of seller's tender; delivery on condition 508Cure by seller of improper tender or delivery; replacement 509Risk of loss in the absence of breach 510Effect of breach on risk of loss 511Tender of payment by buyer; payment by check 512Payment by buyer before inspection 513Buyer's right of inspection of goods 514When documents deliverable on acceptance; when on payment 515Preserving evidence of goods in dispute 601Buyer's rights on improper delivery 602Manner and effect of rightful rejection 603Merchant buyer's duties as to rightfully rejected goods 604Buyer's options as to salvage of rightfully rejected goods 605Waiver of buyer's objections by failure to particularize 606What constitutes acceptance of goods 607Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over 608Revocation of acceptance in whole or in part 609Right to adequate assurance of performance 610Anticipatory repudiation 611Retraction of anticipatory repudiation 612"Instalment contract"; breach 613Casualty to identified goods 614Substituted performance 615Excuse by failure of presupposed conditions 616Procedure on notice claiming excuse 701Remedies for breach of collateral contracts not impaired 702Seller's remedies on discovery of buyer's insolvency 703Seller's remedies in general 704Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods 705Seller's stoppage of delivery in transit or otherwise 706Seller's resale, including contract for resale 707"Person in the position of a seller"708Seller's damages for nonacceptance or repudiation 709Action for the price 710Seller's incidental damages 711Buyer's remedies in general; buyer's security interest in rejected goods 712"Cover"; buyer's procurement of substitute goods 713Buyer's damages for nondelivery or repudiation 714Buyer's damages for breach in regard to accepted goods 715Buyer's incidental and consequential damages 716Buyer's right to specific performance or replevin 717Deduction of damages from the price 718Liquidation or limitation of damages; deposits 719Contractual modification or limitation of remedy 720Effect of "cancellation" or "rescission" on claims for antecedent breach 721Remedies for fraud 722Who can sue third parties for injury to goods 723Proof of market price; time and place 724Admissibility of market quotations 725Statute of limitations in contracts for sale